Employment Bill [Lords]

That demonstrates how the law currently fails to protect workers undertaking lawful industrial action, and fails to provide them with any prompt and effective form of redress. Friction Dynamics was the starkest example, but many others can be used. That demonstrates that the law is grotesquely unfair. In other countries, when industrial action takes place the contract of employment is suspended, not broken. In the past, the Government's response to these proposals has been to argue that during a lawful strike, protection against dismissal has been provided for up to 12 weeks, but in practice that has proved to be illusory. The right to claim unfair dismissal and receive compensation when sacked does not amount to protection against dismissal. In response to the hon. Member for Northampton, South (Mr. Binley), the last figures that I have obtained, which are admittedly 18 months out of date but show a trend, show that reinstatement was awarded in only 0.2 per cent. of tribunal cases where claims went to a hearing. That is only 0.4 per cent. of all unfair dismissal claims. Even where an employer is ordered to reinstate, they are free not to comply, subject to penalties of compensation. There are now numerous cases where it is very difficult to gain reinstatement, and even where that happens employers flagrantly refuse to comply. I understand the hon. Gentleman's point with regard to burdens on business, but I do not believe that these proposals would be burdensome, and that has not been argued in the discussions that have taken place within Government. I think that he will understand that there is an issue of unfairness and equity if we can reach a situation whereby only 0.2 per cent. of tribunal cases result in reinstatements when so many are demanded.